Minnesota Supreme Court, 1984

State v. Kennedy

Minnesota Supreme Court · Decided January 20, 1984 · Amdahl

342 N.W.2d 631; 1984 Minn. LEXIS 1213 (North Western Reporter, Second Series)

Counsel

C. Paul Jones, State Public Defender by Lawrence Hammerling, Asst. State Public Defender, Minneapolis, for appellant., Hubert H. Humphrey, III, Atty. Gen., St. Paul, Tom Foley, Ramsey County Atty., St. Paul, for respondent.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1987, among the opinions in this site’s citation index.

Cites Minnesota statutes amended since this decision

Minn. Stat. § 609.035 — amended 1986
Minn. Stat. § 609.11 — amended 1986

Amendment history from the Minnesota Revisor of Statutes. A later amendment does not necessarily affect this decision's analysis — check the current statute text.

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Minnesota statutes cited

Sections of the Minnesota Statutes this opinion cites.

Cases that cite this one

5 later published cases cite this decision.

State v. Cermak (Minn. 1984)
State v. Nunn (Minn. Ct. App. 1987)
State v. Lakin (Minn. Ct. App. 1985)
State v. Fischer (Minn. Ct. App. 1984)
State v. Kennedy (Minn. Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

AMDAHL, Chief Justice.

This is a sentencing appeal. Defendant pleaded guilty to five crimes requiring imposition of minimum terms of 3 years under Minn.Stat. § 609.11, subd. 4 (1982). One conviction was for the aggravated robbery of a man in St. Paul on June 11, 1981. One conviction was for assaulting another man with a dangerous weapon on April 20, 1982. The other three convictions were for the aggravated robbery of three female residents of a house on April 21,1982. The trial court, acting pursuant to Minnesota Sentencing Guidelines and Commentary, II.E. and II.F.2. (1982), sentenced defendant to five separate 54-month sentences, one per victim, and made four of the five sentences run consecutively. This gave defendant an aggregate sentence of 216 months. Defendant, seeking a reduction of sentence, contends on appeal that his sentence violated the Guidelines and also unfairly exaggerated the criminality of his conduct. There is no merit to this contention. The sentence of 216 months clearly was proper under prior cases of this court interpreting and applying the Guidelines and the so-called multiple-victim exception to Minn.Stat. § 609.035 (1982). Cases supporting the sentence include: State v. Williams, 337 N.W.2d 387, 390 (Minn. 1983); State v. Freyer, 328 N.W.2d 140, 142 (Minn. 1982); State v. Montalvo, 324 N.W.2d 650, 652 (Minn. 1982); State v. Profit, 323 N.W.2d 34, 36 (Minn. 1982); State v. Burgess, 319 N.W.2d 418 (Minn. 1982); and State v. Lindsey, 314 N.W.2d 823, 824-25 (Minn. 1982).

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.